The Argument from Injustice: A Reply to Legal Positivism (Law) [Hardcover]

Robert Alexy (Author), Bonnie L. Paulson (Translator), Stanley L. Paulson (Translator)

Book Description

ISBN-10: 0198259875 | ISBN-13: 978-0198259879 | Publication Date: March 13, 2003

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law.

Editorial Reviews

Review

... a valuable addition to the English literature ... as a refreshingly balanced view on the virtues and limitations of the positivist project from beyond the trenches of the Anglo-American debate, it should be at or near the top of any reading list on key issues in contemporary jurisprudence. Legal Studies It is a delight to see Robert Alexy's Begriff und Geltung des Rechts in English translation. All the more so because the remarkable translation skills of Bonnie Litschewski Paulson and Stanley L. Paulson have contributed to a sharpening of many of the arguments in the book...it is by far the most mature statement of Alexy's ideas on the concept of law while serving very well as a retrospective introduction to the philosophical problems in response to which he developed the discourse theory of law in the first place...The Argument from Injustice is a major contribution to the non-positivist literature. It will become a standard reference for future research in normative jurisprudence. George Pavlakos, The Modern Law Review 67 (2), 2004

Language Notes

Text: English (translation)
Original Language: German

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Product Details

• Hardcover: 160 pages
• Publisher: Oxford University Press, USA (March 13, 2003)
• Language: English
• ISBN-10: 0198259875
• ISBN-13: 978-0198259879
• Product Dimensions: 8.5 x 5.8 x 0.7 inches
• Shipping Weight: 12 ounces (View shipping rates and policies)
• Amazon Best Sellers Rank: #4,097,686 in Books (See Top 100 in Books)

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